Re: Michele Danese, 2025 CanLII 49360

Ontario Review Board

Re: Michele Danese

ORB File No: 8741

Hearing held on: Tuesday, May 20, 2025

Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby

Pursuant to: Section 672.47(1) of the Criminal Code

Before: Alternate Chairperson: Mr. M.D. Segal Members: Dr. B. Sheppard Dr. H. Moulden Ms. C. Murray Mr. A. Mete

Parties Appearing:

Accused: Michele Danese Counsel: Mr. A. Moustacalis

The person in charge of hospital: Counsel: Mr. K. Gow

Attorney General of Ontario: Counsel: Ms. N. MacDonald

REASONS FOR DISPOSITION

(Dated May 27, 2025)

Introduction

1Mr. Michele Danese, age 67, was found not criminally responsible on account of mental disorder on March 3, 2025, on a charge of second-degree murder that occurred on March 7, 2021. On May 20, 2025, Mr. Danese appeared for his initial hearing before the Ontario Review Board (the “Board”) from the Ontario Shores Centre for Mental Health Sciences (the “hospital”).

2Exhibit 1 was a Hospital Report dated April 28, 2025. Exhibit 2 was the criminal court file that included an extensive Agreed Statement of Facts from the trial, the transcript, a previous assessment by Dr. G. Chaimowitz, and like materials. Exhibit 3 was several Victim Impact Statements from friends, family and neighbours from the Belleville area.

3Mr. Danese spent a few years in the detention centre at Lindsay before coming under the jurisdiction of the Board. He was admitted into hospital on March 3, 2025.

Diagnosis

4Bipolar Disorder, current or more recent episode manic

Index Offence

5There was an Agreed Statement of Facts at the trial. In essence it indicates that after concern was expressed by neighbours in Belleville about the non-sighting of the accused’s spouse, Susan Rosenberg-Danese, police conducted a wellness check and entered the home after repeated attempts to ring the bell and knock were not acted upon. Police found the deceased with a kitchen knife in her neck, lying in a pool of blood. She had been dead for at least 24 hours. The body was decomposing. The accused was calmly lying in a bed in another room. Prior to her demise, the deceased had raised the alarm with friends that Mr. Danese was not taking his medications and was very unwell.

Background

6Mr. Danese was born in Italy. He moved with his family to Toronto when he was 10. Eventually he became a high school teacher. He and his wife worked in Italy for 12 years as fitness instructors. A first son was born in 1992. Their second son was born in 1996 in Toronto. Mr. Danese had a psychotic episode about that time. The couple returned to Toronto in 2002. Mr. Danese worked as a teacher for 18 years until retiring in 2019, eventually relocating to Belleville. There was a history of domestic strife. On one occasion in 2004, Mr. Danese struck his wife and was charged but it was withdrawn in criminal court.

Substances

7There is no history of abusing illicit substances or alcohol. Mr. Danese has used edibles and regularly consumed alcohol.

Mental Health Background

8Two of Mr. Danese’s siblings apparently have schizophrenia. Mr. Danese was admitted to CAMH in 1996. He was depressed and hallucinating with associated delusions. He was prescribed risperidone and intermittently followed by a psychiatrist. There was another CAMH admission in 2004 arising out of stress at work and arguing with his wife. An antidepressant, Effexor, was added. At Ontario Shores, Mr. Danese continues to be on risperidone and an antidepressant.

9In preliminary positions, the hospital supported by Crown counsel, advanced that Mr. Danese was a significant threat to the safety of the public and that there should be a detention order on conditions as found on pages 5 and 6 of the Hospital Report. Mr. Danese’s counsel indicated that he would, likely be in support of the recommendation.

Evidence at Hearing

10Dr. Andrew Wang, the patient’s psychiatrist, testified. Mr. Danese is in the Forensic Assessment Unit. The patient is stable, agreeable and doing well. He is compliant with medication. Mr. Danese is participating in the programming available on that unit. He is a candidate for transfer in the very near future to a general forensic unit which would open more therapeutic possibilities.

11Mr. Danese takes his medication orally but thought will be given to a long-acting injection.

12In Dr. Wang’s view, it is hard to say whether community living will be attained this year. It depends on several factors, including progress. Mr. Danese's goal is to move back to the family home in Belleville. There are many obstacles to that happening, according to the doctor, who is not considering that option at present. The doctor would instead be looking at potential housing in the Durham catchment area. The local neighbourhood community is quite perturbed at the possibility that Mr. Danese may return to Belleville. The Board was presented with multiple victim impact letters from neighbours expressing their anxiety and safety concerns should Mr. Danese be released to live back in the family home.

13According to Dr. Wang, Mr. Danese’s insight is good. Mr. Danese has insight into his illness, the importance and benefits of medication, including noncompliance. Mr. Danese may be able to recognize symptoms of decompensation, however, according to the doctor when one has bipolar illness, one of the first things to go is insight into one’s illness. Insight into the offence is partial. Dr. Wang noted that significant threat to the public is well present. The index offence was serious and violent. The symptoms that prevailed at the time of the index offence developed out of non-adherence and some attention needs to be paid to that need. The hospital is of the view that it need approve housing and follow-up in the community in the eventuality that Mr. Danese is released into the community.

14Dr. Wang indicated that while there is a no history of problematic substance or alcohol abuse, it being so early in treatment, it would be important for that clause to be in the Disposition to be safe. In the doctor’s view, a weapons prohibition was well justified.

15While it is noted in the hospital report that Mr. Danese has some good supports from family and friends, the report also indicates that he estranged from one of his sisters, two of his siblings also struggle with schizophrenia, and there is tension between himself and his one son who currently resides at the family home.

16Little is known about how Mr. Danese fared in the central east facility in Lindsay. Mr. Danese was apparently seeing a psychiatrist, Dr. Wesley, periodically.

17No change to medications is being considered except to explore a long-acting injection. Dr. Wang acknowledged that the patient is a little atypical. There is not the usual list of risk factors. There is no significant history of violence. Mr. Danese is well educated and has good support.

18One area that might be considered is the impact of trauma arising out of the index offence on the patient.

19Mr. Danese had three rifles which, according to his counsel, were seized by police.

20Therapy regarding stressors, relapse, conflict resolution and assistance with coping also need to be addressed. Dr. Wang agreed that we were in early days.

Analysis

21Mr. Danese has only been in the ORB system since March. We are in early days of treatment. There are many unknowns and many areas to be explored. Mr. Danese's diagnosis has changed from schizophrenia to bipolar disorder. Propensity for violence needs to be explored. Consumption of alcohol and edibles need be considered. Insight into the index offence needs to be examined including in relation to PTSD. The possibility of a long-acting injection need be considered. There are questions regarding trauma, stressors, relationships, amongst other issues.

22The possibility of moving into the family home is laden with obstacles. There is a strong sentiment of fear in the community.

23Mr. Danese has a significant history of noncompliance with medications and that is of significant concern.

24The Board has reviewed the recommended conditions and is prepared to accept them with some slight modifications. The reporting period is suggested as once a month when living in the community, but the Board is of the view that that provides too long a gap. The Board is of the view that reporting should be not less than every two weeks. Not enough is known to safely suggest reporting at least once a month bearing in mind the history of relapse. The doctor acknowledged that the speed of decomposition is not known in Mr. Danese’s case. If community privileges are attained, close monitoring at the outset would be prudent.

25Additionally, it was noted that the doctor had no issue at all with requiring that Mr. Danese be at least 200 meters away from the named parties. Additionally, many of the neighbours who provided Victim Impact Statements all lived in an area of Belleville called Plaza Square. We endorse and order that Mr. Danese not be within 200 meters of Plaza Square. We wish Mr. Danese well in the upcoming year.